Tyrone Electrical Services T/A Tyrone Electrical Services

[2023] FWCA 3018

[2023] FWCA 3018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tyrone Electrical Services T/A Tyrone Electrical Services

(AG2023/3001)

TYRONE ELECTRICAL PTY LTD CONTRACTING DIVISION

ENTERPRISE AGREEMENT 2022

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 20 SEPTEMBER 2023

Application for approval of the Tyrone Electrical Pty Ltd Contracting Division Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Tyrone Electrical Pty Ltd Contracting Division Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tyrone Electrical Services T/A Tyrone Electrical Services (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 6 September 2023.

1. On 13 September 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 20 September 2023. The undertaking deals with the following topic:

·  The hourly rates of pay for second year adult apprentices will be 0.75% above the rates currently reflected in Schedule B of the Agreement.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertaking is taken to be a term of the Agreement.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

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